MOIDU KUTTI Vs. T B RAMACHANDRAYYA

JUDGEMENT

(1.) This revision under Sec.50 of the Karnataka Rent Control Act is directed against the judgment of the Dist Judge, S.Kanara, confirming in appeal the judgment of the Principal Munsiff, Puttur, in a petition under S.21(1) proviso (f) and ordering eviction of the petitioner-terant.

(2.) Respondent-1 landlord came to the Rent Controller and the allegations were that he required the premises for his reasonable and bona fide occupation, that the tenant caused damage to the building and hence committed an act contrary to Cl.(o) of S.108 of the Transfer of Property Act and that the tenant also unlawfully sub-let a part of the premises to Respt-2. These allegations were controverted by the petitioner-tenant who was Respt-1 in the petition under S.21(l). The landlord gave his statement while the tenant produced himself to controvert that statement. Tne learned Munsiff did not accept the case of the landlord on the question of reasonable and bona fide requirement as well as an any act committed contrary to the provisions of Cl. (o) of Sec. 108 of the T.P.Act. However, the learned Munsiff held that unlawful sub-letting on the part of the tenant was proved and on that ground he allowed the petition of the landlord.

(3.) The tenant came in appeal beore the learned Dist Judge and there too he was unsuccessful. It was held that he unlawfully sub-let a part of the premises. Now the tenant has come up in the present revision.